Donna Nomick v. HHS - Influenza, alleged right shoulder injury and right upper arm skin lesion after influenza vaccination (2025)
Case summary [AI summaries can sometimes make mistakes]
On October 18, 2022, Donna Nomick filed a petition alleging that an influenza vaccination administered on October 22, 2019, caused a right shoulder injury and a right upper arm skin lesion. She later amended the petition.
The vaccination record identified the left deltoid, but Ms. Nomick asserted that the shot was actually given in her right arm and caused immediate intense pain, a red mark, and a scar or papule.
The contemporaneous medical record did not support that account. Visits in late 2019 and early 2020 documented nonspecific joint pain but no shoulder complaint.
For more than two years after vaccination, there was no documented treatment for right shoulder pain. In 2022, a dermatologist biopsied and removed a right upper arm lesion diagnosed as basal cell carcinoma.
Later primary-care records mixed references to left shoulder pain, a shingles vaccination, and the right upper arm skin lesion. Chief Special Master Corcoran found that the public record did not prove the vaccine was administered in the right arm, did not prove a Table SIRVA, and did not establish that the influenza vaccine caused the skin lesion or any shoulder condition.
He also found that the long gap in treatment and the later contradictory records prevented petitioner from proving six-month severity. On September 19, 2025, the petition was dismissed.
No compensation was awarded. Ms.
Nomick was represented by Isaiah Kalinowski of Bosson Legal Group.
Theory of causation
Influenza vaccine, October 22, 2019, adult exact age not stated, alleged right shoulder injury/SIRVA and right upper arm papule later excised as basal cell carcinoma. DISMISSED. Pharmacy record listed left deltoid; petitioner later asserted the shot was in the right arm and caused immediate pain and a scar. Key evidence: no shoulder complaints for more than two years, 2022 dermatology biopsy/excision of basal cell carcinoma on the right upper arm, later confusing records involving left shoulder pain and Shingrix vaccination, and witness declarations prepared after the fact. Chief Special Master Corcoran found vaccine situs, Table SIRVA, off-Table causation, and six-month severity not proven. Attorney Isaiah Kalinowski/Bosson Legal Group.
Source PDFs
USCOURTS-cofc-1_22-vv-01538